Articles Posted in Jeffrey Weinstein

Issues Relating To Signing of A Will
The Law Office of Jeffrey L. Weinstein

In order for a Will or Codicil to be valid, the testator must sign the Will in the presence of two disinterested witnesses. There are cases wherein New York courts have described the procedure that must be followed for the testator’s signature to be deemed admissible. It is not sufficient that the witnesses know the…

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Legal Funding Company Ripped off 9 /11 Responders
The Law Office of Jeffrey L. Weinstein

New York State Attorney General Eric Schneiderman and the Consumer Financial Protection Bureau filed a federal lawsuit in Manhattan against New Jersey based RD Legal Funding Company. The company allegedly defrauded 9/11 first responders suffering from cancer and other Ground Zero-related illnesses out of millions of dollars by luring them into costly advances on compensation…

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If You’re Living Separately, Get A Divorce
The Law Office of Jeffrey L. Weinstein

In this blog, we discuss the difficulties that may arise for children in inheritance matters when their mother has been estranged from her husband and does not get a divorce. We take the example of a couple, that was living separately without getting a divorce. They had been living separately and apart for the last…

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Water Damaged Will
The Law Office of Jeffrey L. Weinstein

In the case Estate of Torleiv Larsen, 2016 NYLJ (Richmond County Surrogate Court) Alexander James Larsen, decedent’s grandson and sole distributee, sought to admit a document purporting to be decedent’s will. The document had sustained water damage and the signatures of decedent and attesting witnesses were wiped away. The question before the court was whether…

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What Happens When You Challenge a Claim Against an Estate?
The Law Office of Jeffrey L. Weinstein

Each year, it is increasingly common to see claims filed against an estate. This is because many people write their wills and trusts without a knowledgeable estate planning attorney present to help. It may also be due to increasing financial struggles and changing family dynamics. If someone is making a claim against an estate that…

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Thompson case
The Law Office of Jeffrey L. Weinstein

On 9th October 2016, District Attorney of Brooklyn Ken Thompson lost his fight with cancer, leaving behind his mother, wife Lu-Shawn and two children. According to an article in the New York Post on January 11, 2017, Thompson’s mother has claimed that her deceased son’s wife destroyed his first Will- in which he had conveyed…

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Dead man can’t convince judge he’s alive
The Law Office of Jeffrey L. Weinstein

This one is a bit old, but it came across our digital transom and we thought it was interesting enough to blog about. Ohioan Donald E. Miller Jr wanted to get a new driver’s license and re-activate his Social Security number, but there was one minor issue that prevented him from doing it. He was…

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You can inherit airline miles!
The Law Office of Jeffrey L. Weinstein

When preparing a Last Will, anyone with a frequent flyer air miles account should include those miles as an asset that can be transferred upon death. As air fares continue to rise, your air miles account is a valuable asset not to be overlooked. Some airlines rules state that their miles are not transferable upon…

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Co-op apartments. Real or Personal Property?
The Law Office of Jeffrey L. Weinstein

You may think the answer is obvious. But the correct answer is “It depends.” It depends on the year purchased. If the co-op apartment was purchased by a married couple before 1986, the law MAY treat the property as personal. Subsequent to 1996 the law was revised to treat co-ops as real property with respect…

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WILL DRAFTING TIPS or The Devil is in the Details
The Law Office of Jeffrey L. Weinstein

When preparing a Last Will, the detail that is frequently overlooked is the specific designation of personal property to loved ones. A child’s biggest heartbreak occurs when mom or dad fails to bequeath an item of great sentimental value to the child. We are talking about pictures, books, a piece of furniture, etc. Often, this…

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